AJAY KUMAR GUPTA S/O SHRI M C GUPTA Vs. GOVT OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) AN order passed on 16.12.2003 whereby the period of overstay on foreign assignment w.e.f. 21.12.2002 to 6.7.2003 has been treated as dies non without any service benefits, including eligibility service for promotion, qualifying service for pension, etc. A representation preferred against it has been disposed of by a non-speaking order on 27.8.2004

(2.) It is trite that before any civil consequences ensue upon a government servant, he has a right to be accorded a reasonable opportunity of being heard, which is not only in consonance with the fairness but also audi alteram partem, a principle contained in the principles of natural justice.

(3.) IF one has regard to the above, we do not find on record any valid compliance of the aforesaid OM. As such the applicant has been deprived of a reasonable opportunity before treating the aforesaid period as dies non, which has caused civil consequences.